BVI News

Premier insists access to HOA’s register of interests is unrestricted

Despite claims to the contrary, Premier Dr Natalio Wheatley has insisted that there are no restrictions to accessing House of Assembly (HOA) members’ Register of Interests (ROI) under the new legislative amendments made in the House back in July.

The ROI is essentially a record kept of the financial interests of legislators. Its purpose is to facilitate them publicly declaring any private interests which may conflict or may be perceived to conflict with their public duties.

Recent amendments that government made to the ROI Act has established several hurdles for persons wishing to access the register; including requirements for persons to make a written application and to pay a fee. In addition to this, persons will only be allowed to view the Register in the presence of the Registrar and will not be permitted to make any kind of copies or even notes of the contents. 

Though those changes successfully passed through the HOA, Governor John Rankin has not granted royal assent to make it into law. In his first quarterly review report on the implementation of Commission of Inquiry (COI) recommendations, Governor Rankin said changes made to the legislation will ‘severely restrict’ public access to the register.

“In my view, these amendments are contrary to the principle of transparency and the intent of both Recommendation B2 and the commitment in the Framework document,” Governor Rankin said in his report issued last week.

The people’s view

But Premier Wheatley, who insisted that these steps were in-keeping with his government’s commitment to transparency, remained adamant that the legislative changes were also unrestrictive. He argued that they were simply instituted to protect the privacy of HOA members.

The Premier argued at a recent press conference that it was not just his view or the governor’s view that mattered, but also the view of the people. “If the people themselves want us to go further, I think that we have the responsibility to go further, I don’t think it restricts access at all,” the Premier said.

Dr Wheatley said although persons are unable to take notes, make copies, or view the register unsupervised, they can still examine it for as long as they wish.

“This provision is not unique. This exists in the Cayman Islands Register of Interests as well,” Premier Wheatley argued while noting that the Cayman legislation received royal assent.

A balancing exercise

When questioned on whether these measures were appropriate for the digital age the world is currently in, Premier Wheatley responded that the same privacy concerns remain if the ROI was to be digitised. 

“I think if it was online, it would require really unhindered and unmonitored access to it. And yes, we are public servants but I think we have to be able to balance our rights to privacy,” Dr Wheatley argued. “Who and how and why persons have access to our personal information [should be] balanced against the public’s right to know certain things.” 

He further explained that the aim of lawmakers was ensuring that legislators don’t make decisions to favour their own personal interests. 

“So, yes. I understand we’re in the digital age … But we also have to balance that against respecting persons privacy and also their right to have their data protected.” 

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13 Comments

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  1. No privacy says:

    when your salary is paid from the BVI Treasury/Accountant General. Put the Register of Interests on line for all elected and employed civil servants.

    Like 16
    Dislike 1
  2. Licher and Sticher says:

    It’s not up to these ministers. Thank the Lawd…

  3. D. Smith says:

    There is far too much confusion and pettiness in the BVI. If the Register is available for full view by any public person, what is the f**king issue? It is accessible for the public to view and that’s that. Why would you want to do anything else with the information unless there is a specific issue arising? It seems people just want to stir up problems! Privacy is NOT a crime! It seems that there is a move to ensure that only persons that do not have business interests would contest elections in the BVI. I really hope the people understand that actions have consequences. Just look at the bunch we have running the country now and ask yourself if this is what we want for our future. None of them has ran anything other than their mouths over the years and have not achieved one thing noteworthy since serving as Ministers. Don’t take my word for it, do your own research.

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    Dislike 7
  4. Double take says:

    Sounds similar to the argument over a public register for company owners, which the BVI objects to strongly on privacy grounds.
    Now we want to know our ministers are clean so we demand a public register of their business interests and assets.
    Personally I agree with the latter, and the former. Privacy is a red herring in both scenarios. Certain situations demand transparency. In business, you should be able to show who the owners are, what business is being conducted and that you are not breaking BVI, or other countries’ rules.
    In government, the higher you go and more power you have, the greater the transparency requirement should be.

  5. Reality Check says:

    If you want to run for public office you must declare all of yours and your family’s interests; don’t want to then don’t run. I agree with the Governor that the information needs to be readily and easily sourced. It should be on line and accessible on the Government web site to all. In public office there is no privacy!

  6. WEW says:

    Sl**ande just proping up his cronies. The Governor should release it for all to see.

  7. Secret Bear says:

    What are you hiding?

  8. Rubber Duck says:

    If you cant copy or even make notes about the register , how can the press and so on prove corruption? The Member or Civil Servant can simply deny it and no proof can be forthcoming.

    Which is what they want of course.

    The rats still want to play in the cheese shop.

  9. Crazy Joe says:

    A secret register opens them up to blackmail. As all secrets do.

  10. smh says:

    Why have it if you can’t use it..Just more craziness, When will it ever stop

  11. let me get this straight says:

    Sowande: “unrestricted access” – except to protect the “privacy” of the publicly-funded kleptocrats who siphon off our tax dollars.
    If you stand for public office, you should be totally transparent with your interests. This is routine in normal societies. The Register should be a freely-available public document.

  12. Banker says:

    Every politician is already required to report their full financial holdings and all other assets to their bankers – at least that’s what the law on Anti Money Laundering has said for years. I wonder if they really do. I suspect that there are many cans of worms that are shortly to be opened – possibly every representative for the last 30 years or so.

  13. Madea says:

    And that should be any contracts or money paid to their families.

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